How Does a Grand Jury Operate?
Q: How does a grand jury operate?
A: In carrying out its two functions of reviewing criminal charges which have been brought by police and prosecutors and conducting investigations of possible criminal behavior, the grand jury meets in secret, behind closed doors. Its proceedings are usually one-sided, and are very different from a trial. Unlike a public trial, the accused person is not present (unless he or she is called as a witness), nor is his/her counsel present (even if he is called as a witness). Also, witnesses are not cross-examined. Not even a judge is present in the grand jury room, although a judge will be contacted if a witness refuses to answer a question and the prosecutor wishes to cite the witness for contempt.
The prosecutor presents the state's case by asking the witness questions. The grand jurors also may ask questions, but neither the actual eyewitness to an alleged crime nor the alleged victim of that crime need to appear as witnesses. The rules that apply in court to exclude most hearsay evidence (evidence provided by someone who did not actually witness the crime) do not apply in the grand jury room. Therefore, a police officer may simply testify as to what eye-witnesses and alleged victims have said.
Further, information obtained by illegal police investigation, unconstitutional surveillance, or by unreliable means, can be heard and relied upon by grand jurors, even though that information would not be admissible if the case proceeded to trial. Finally, even if a prosecutor knows of information which would help show that the accused person is innocent, he is not required to present it to the grand jury. So, while two sides are presented in a trial, it may be that only one side will be presented in a grand jury proceeding.
